Slattery & Ors v Jagger & Ors

Slattery & Ors v Jagger & Ors

Clause 3 of the will is ambiguous and omits the intended beneficiary due to clerical error; the testator's intention was for his share in the matrimonial home to pass to Mrs Jagger absolutely; the court construes clause 3 to include 'to my Wife' and, if necessary, would rectify the will to that effect.

Parties
Claimant: Mr Graham Slattery; Claimant: Mrs Ruby Victoria Jagger; Defendant: Mr Arthur Jagger; Defendant: David Jagger; Defendant: Matthew Jagger; Defendant: Gareth Jagger
Jurisdiction
England and Wales
Judgment Date
10 November 2015
Procedural Posture
Probate / Final Judgment
Outcome
Claim allowed; clause 3 construed to pass Mr Jagger's share in the matrimonial home to Mrs Jagger; no order as to costs.
Legal Topics
Will Construction, Clerical Error, Rectification, Beneficiary Identification, Costs
Probate Succession Rectification Will Construction Clerical Error Beneficiary Identification Costs

Case Brief

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Parties

Mr Graham Slattery

Claimant

Mrs Ruby Victoria Jagger

Claimant

Mr Arthur Jagger

Defendant

David Jagger

Defendant

Matthew Jagger

Defendant

Gareth Jagger

Defendant

Procedural Posture

Probate / Final Judgment

Legal Issues

  1. 1 Whether clause 3 of the will should be construed to pass Mr Jagger's share in the matrimonial home to Mrs Jagger
  2. 2 Whether clause 3 should be rectified under section 20 of the Administration of Justice Act 1982 due to clerical error
  3. 3 Who should bear the costs of the litigation

Ratio Decidendi

Clause 3 of the will is ambiguous and omits the intended beneficiary due to clerical error; the testator's intention was for his share in the matrimonial home to pass to Mrs Jagger absolutely; the court construes clause 3 to include 'to my Wife' and, if necessary, would rectify the will to that effect.

Court Disposition

Claim allowed; clause 3 construed to pass Mr Jagger's share in the matrimonial home to Mrs Jagger; no order as to costs.

Orders

  • Clause 3 of the will construed to include 'to my Wife' as beneficiary of the gift.
  • If construction not possible, will would be rectified to same effect.